Evidence of ownership of real property such as a house is demonstrated through its deed and chain of title, or ownership history. By law, those listed on a deed to a house are considered the property's legal owners. Eliminating the ownership rights of those listed on a property deed typically involves removing their names from the deed as well as from the title.

Deeds of Conveyance

A deed of conveyance is the most common way to remove a name from a property deed and its chain of title. A deed of conveyance, or transfer, is given by the owner leaving a property's deed and title to the remaining owners of that property. Two common deeds of conveyance are warranty deeds and quitclaim deeds. For example, your sister can convey a quitclaim deed transferring to you her ownership rights in a home you both own.

Properly Executing Deeds

In California, deeds are always used to transfer ownership rights, but are only valid if they're properly executed. To be valid in the Golden State, a deed must be in writing and the parties to the deed must be properly described. Also, parties to a property deed must be competent, with the property also accurately described. A valid California property deed also contains conveyance wording, such as "I hereby grant," as well as the signature of the person conveying or granting the deed.

Acceptance and Recordation

A deed of conveyance such as a warranty deed or quitclaim deed is considered properly executed when it's willingly accepted by the persons receiving it. California also requires deeds of conveyance to be notarized before they're finally considered valid. The state doesn't require deeds to be recorded in order to be considered valid, but recording them is strongly recommended. Recordation of a deed helps establish a chain of title that can be very helpful in case of future property dispute.

Involuntary Deed Removal

Removing someone's name from a property deed when that person doesn't want to be removed is very difficult. Partition actions are lawsuits that co-owners of property can use to force other co-owners to give up their ownership interests, such as through a property sale. Partition lawsuits can be expensive and cause strife among property co-owners involved in them. Also, partition lawsuits aren't allowed in divorce-related disputes, and judges deciding them sometimes just order the entire property sold off, with proceeds split among owners.

About the Author

Tony Guerra served more than 20 years in the U.S. Navy. He also spent seven years as an airline operations manager. Guerra is a former realtor, real-estate salesperson, associate broker and real-estate education instructor. He holds a master's degree in management and a bachelor's degree in interdisciplinary studies.

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Guerra, Tony. "Taking a Name Off of a House Deed." Home Guides | SF Gate, http://homeguides.sfgate.com/taking-name-off-house-deed-97418.html. 09 December 2018.

Guerra, Tony. (2018, December 09). Taking a Name Off of a House Deed. Home Guides | SF Gate. Retrieved from http://homeguides.sfgate.com/taking-name-off-house-deed-97418.html

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